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In Pursuit of Justice: Examining the Intersection of Philosophy, Politics & Law - Couverture souple

Oagile Bethuel Key Dingake

 
9781648506543: In Pursuit of Justice: Examining the Intersection of Philosophy, Politics & Law
Couverture souple
ISBN 10 : 1648506542 ISBN 13 : 9781648506543
Editeur : Notion Press, 2020

Synopsis

This book discusses the intersection of philosophy, politics and law and how judges’ ideological outlook may influence the decision of the court. The author teases out the underlying influences that drive judges to decide matters in a particular way, especially in highly-contentious legal questions that have far-reaching national consequences, such as in cases of abortion, euthanasia and same-sex marriage. The book interrogates, in the most thought-provoking manner, the question of whether a judge’s background, values and education matter at all in the adjudicatory process. Whilst the author concedes the point that a judge must respect the chains that bind him as a judge, he also makes the equally-fascinating argument that every judge processes the controversies serving before him with his own mind and not the mind of any other person. Every judge is a product of his own circumstances and time. He may grow up with certain prejudices and stereotypes that do not magically disappear soon after taking the oath of office. As is often said, no judge ascends to the bench as an ideological virgin. As Justice Aharon Barak of the Supreme Court of Israel once observed, “A person who is appointed as a judge is neither required nor able to change his skin.”The author also discusses with breathtaking clarity the role of a judge as a lawmaker Essentially, the book discusses the tensions and anxiety around the judicialization of politics and the politicization of the law.

Les informations fournies dans la section « Synopsis » peuvent faire référence à une autre édition de ce titre.

Éditeur
Notion Press
Date d'édition
2020
Langue
anglais
ISBN 10 
1648506542
ISBN 13 
9781648506543
Reliure
Broché
Nombre de pages
212
Coordonnées du fabricant
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